It should be borne in mind that the regulation is based on compliance with the Law on the Modernization of the Labor Directorate.
On July 4, 2023, the Labor Directorate (DT) issued Opinion No. 919/29 [See] which refers to the modalities for the delivery of the copy of the Internal Regulations of Order, Hygiene and Safety.
In effect, Article 153, paragraph 3 of the Labor Code establishes that “A copy of the regulation must be sent to the Ministry of Health and the Labor Directorate within five days of its entry into force“.
As a result of the above, in order to comply with the principles of free competition, technological neutrality and international compatibility contained in Law N°19.799, the Labor Directorate clarifies that employers may comply with the obligation of remission by delivering a non-editable electronic copy of the aforementioned regulation or a paper copy.
In short, compliance with this formality must be fulfilled by one of the following alternatives:
-If the internal regulations are in electronic format, they must be uploaded to the MiDT Portal of this Service. Therefore, the Communal or Provincial Labor Inspectorates will not continue to receive digital copies on physical media (CD, pendrive, etc.).
– If the regulation has been prepared in paper format, it can continue to be materially delivered to the Communal or Provincial Labor Inspectorates.
Finally, it should be noted that the above is based on the Law on Modernization of the Labor Directorate.
For more information on these topics, please contact our #azLabor group:
Jorge Arredondo | Partner | jarredondo@az.cl
Jocelyn Aros | Senior Associate | jaros@az.cl
Felipe Neira | Associate | fneira@az.cl
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